Monday, February 06, 2023


This came via email today. If the vaccine mandate is over and the UFT Contract is to be enforced, these people should get their jobs back. 

I don't think too many unvaxxed tenured teachers went through state-mandated 3020a hearings but they were terminated or forced to resign for not meeting a condition of employment. The vaccine is no longer a condition of employment.  I am no lawyer and I am pro-vaccine but this seems like a strong case for those who didn't get vaccinated to be able to return to their jobs.

Mulgrew's email

The mayor today said New York City is ending its COVID-19 vaccine mandate for current and prospective city employees, including Department of Education workers.

The proposed changes to the city’s vaccine policy are subject to ratification by the Board of Health at its next meeting on Feb. 9.

If the plan is approved as proposed, those employees who have an approved religious or medical exemption to that mandate will soon be able to return to work at their school or worksite.

Former employees who resigned or were terminated for failing to submit proof of vaccination will be able to reapply to work for the city if they so choose. But according to the mayor’s announcement, they will not be able to automatically return to their previous positions.

Effective Feb. 10, school visitors, including parents and other family members, will no longer be required to provide proof of at least one dose of the COVID-19 vaccine before entering DOE school buildings.

We have come a long way since the beginning of the pandemic when so many lost their lives. COVID-19 has become far less deadly and there are better treatments available now to prevent or treat serious illness. However, we still believe that vaccines and booster shots are the best way to keep ourselves and our communities safe.

This change in policy applies the same rules for municipal workers that have already been in effect for private-sector employees in New York City. We are working with the DOE to ensure the policy change is implemented in accordance with our contract.


Michael Mulgrew 

UFT President


Contractually, I suggest teachers look at Article 5E1:

E. Withdrawal of Resignation and Subsequent Reappointment

1. Requests for withdrawal of resignation on the part of teachers who attained permanent tenure prior to their resignation shall be effectuated, subject only to medical examination and the approval of the Chancellor, provided that application for such withdrawal of resignation is made on or before the opening of school in September next following five years after the effective date of resignation. In all other cases of withdrawal of resignation, the requirements of former Section 255 of the Board of Education by-laws shall continue in effect.

Is the Chancellor going to deny all of their requests to be reappointed? What criteria will he use? It looks like it would be arbitrary and capricious to deny these withdrawals of resignations. I also would guess some of the teachers' lawyers will argue that these teachers never resigned in the first place.


Unknown said...

Once again, where is the information of "Healthy people ages 18-54 who got CoVid and died"? By healthy, I mean "having no pre-existing condition, not being out of shape and obese, and just getting CoVid and dying". If you had Cancer and then got CoVid, they called it a CoVid death.

I understand that a LOT of people died. Mostly older people died. CoVid was a Flu on steroids.

Almost 5 months without a contract. Cue the Liberals who cannot debate my talking point of "18-54 years old without a pre-existing condition. What percentage of those people died?" The media will NEVER give you that answer because they used CoVid as a tool for control. Oh yes, I am vaccinated, boostered and believe in Science.


UFT Member said...

It is your right to be pro-vax as it is the individual’s right to make independent medical decisions.

The UFT should have fought for all members and not let these terminations happen!

Police and fire unions were fighting for their people! They call for reinstatement!

You stood silent! Now you say you THINK this was unjust? Fear took over your better judgement which was to stand up for ALL members!

The Vax does NOT stop anyone from contracting or spreading COVID! Untested drug!

Around 1800 city workers MUST be reinstated now! UFT should be fighting to make this happen!

John Q. Teacher said...

Well, we better not start having parent teacher conferences back in person again. Zoom has been a godsend for that.

Teacher Mom said...

The vaccination was never a condition of employment. The DOMH order does not say anywhere that it is a condition of employment. This claim was just repeated over, and over and over again until people came to believe it. Not even in the arbitration agreement does it say it's a condition of employment. If this SO called condition of employment busi ess is allowed to stand you do realize that in the future our employer can materialize any "conditon of employment" and deny any member their statutory due process rights to a 3020a hearing. This go round some may feel that it's OK to to deprive this group of teachers of their statutory rights, but trust me, this is going to return impact all teachers. And this has been fully sanctioned by the UFT. You should hope that it is ultimately overturned and terminated teachers are reinstated if not for their sake, then yours.

liberals=ccp2323 said...

James 3 years ranted about vaccines and studies of Israel and the most vaccinated nations. Fighting ivermectin, hcq zinc, pushing this bioweapon that has killed tens of thousands dying suddenly. Tens of thousands getting clots, myocarditis and he is as quiet as. fart. Probably killed him to even post this.

Vaccines went from 100% to 90% to 50% to not effective. Back pay should be happening, and maybe these smart and brave unvaxxed teachers even come back. Shame on all you idiots and fear-mongering losers who wanted this disgusting drug injected.

James Eterno said...

The city employees should be reinstated. As for vaccines effectiveness, this is data from CDC.

James Eterno said...

This next one is an analysis from California.

Vaccines work. This data camevout last week.

America’s partisan divide isn’t only bitter. It’s deadly.

During the first year of the pandemic, Democrats died at higher rates than Republicans. But during the second year, as Covid vaccines became widely available, Republicans in San Diego County began dying at significantly higher rates than Democrats, a new analysis by Voice of San Diego found.

That finding might sound familiar. But other prominent analyses only surmised Republicans died at higher rates, by comparing Covid death rates to voting patterns. Voice’s analysis actually matched the names of people who died from Covid in San Diego County to their political party affiliation.

Republicans were 39 percent more likely to die with Covid during year two of the pandemic, even after adjusting for the fact that they tend to be older than Democrats. Independent voters — who belong to no political party — were also 30 percent more likely to die than Democrats during the pandemic’s second year.

James Eterno said...

Anon 2323, You do your cause no good when you make up stuff.

This is from Vice:

Almost Twice as Many Republicans Died From COVID Before the Midterms Than Democrats

The authors of a new study can’t say if this impacted the midterms, but say that it’s “plausible given just how stark the differences in vaccination rates have been, among Democrats and Republicans.”

James Eterno said...

Finally, for anyone still not convinced. This piece is from the South Carolina ( no liberal haven).,outside%20the%20hospital%20is%20dangerous.

In some unpublished reports in other countries (e.g., Egypt, India, Iran, Iraq) Ivermectin seemed to improve outcomes for COVID-19 patients, but these were not scientific studies. Multiple studies published on Ivermectin have been subsequently retracted when they were found to be based on falsified data or errors in analysis and are misleading.

High quality research data show the use of HCQ for treating COVID-19 can be dangerous and has no medical benefit. In fact, the FDA has revoked emergency use authorization for HCQ in COVID-19 patients based on these dangers and because it does not help people recover faster.

This is South Carolina, not Vermont or California.

I haven' had to do this kind of debunking since we stopped anonymous comments. That is why we will continue our current policy to only post comments from Google accounts.

Jeff said...

From Maddow to Fauci to the CDC Director, they said the vaccines get covid to stop as soon as it gets to you. You can't get it, you can't carry it, you can't pass it, they said.

They were dead wrong.

That's not a political statement.

James Eterno said...

And after they were wrong, they stopped saying it. Please read the CDC on breakthrough infections.

The point of this posting was on the vaccine mandate ending, not to debate the effectiveness of the COVID vaccine.

Teacher Mom said...

The entire basis of the DOMH DOE vaccine mandate was to prevent the spread of covid making it safe for in person learning. Please read the mandate. This is the stated intent. The CDC knew the vaccines could not stop transmission from the very beginning:

The following statement is more notable, however, as it is one of the only times the CDC has acknowledged that the vaccines are not capable of stopping the spread of the virus.

"...what they can’t do anymore is prevent transmission. So if you're going home to somebody who has not been vaccinated, somebody who can't get vaccinated... I would suggest you wear a mask in a public indoor setting," Walensky stated.

That was July 22 before the DOE vaccine mandate. August 23, 2021 is when DeBlasio announced the mandate. The mandate was predicated on a lie. Unvaccinated teachers were given the dreaded "direct threat" designation. The UFT did not challenge this.

Regarding the effectiveness of the vaccines, most people have taken the vaccine. You either took it yourself or know someone who has. You can see people's lived experiences with the vaccines and draw your own conclusions.

Unknown said...

James has written on two separate posts that "Vaccines work. City employees should be reinstated". I completely agree with that. As I agree on most things that James says.

My problem here with the world is "How do we as people ever go back?" CoVid proved you can't get actual facts from the people who are giving you the information. The information constantly changed and no one admitted they made mistakes. Unless it was Trump; who told you to put bleach in your body! Trump had a "Crisis". One every President dreams of to win an election; and his narcissism cost him an election.

The amount of CoVid deaths that actually occurred are skewed numbers. We can't "body shame" because people are Obese in this country. We call that a "pre existing condition". That's hogwash. There was no reason to close schools, lower education for the students for two years, lower skills they have, come out of school dumber, etc. This Pandemic helped push an agenda. "Stay dumb, get a job where you can just get by, and don't dare think for yourself". The prices, Inflation; they won't be coming down any time soon. The Independent thinkers are labeled as Conservatives and fools in the main-stream media.

Mayor Rat Czar is a joke. If you want a vaccine, get it like I did. If you didn't, your life and how you make money shouldn't have been affected. Now go put your trash out at 6pm and tell Adams to take a hike.

UFT Member said...

How can UFT members that were unjustly terminated get reinstated?

liberals=ccp2323 said...

James, everything you and your wife stand upon was your stance on the vaccine. She had no chance vs Mulgrew and went on falke CNN and was for teachers getting fired. Families were ruined. Can care less about your debunking, we've been debunking you!

Your woke blog provides info but is trash now we need Chaz.\

James Eterno said...

From the Newsweek piece you sent:

"Instead, we have witnessed a massive and ongoing loss of life in America due to distrust of vaccines and the healthcare system."

I agree with that.

I miss Chaz for sure too. We were colleagues at Jamaica HS for years. We talked all the time comparing blog pieces.

James Eterno said...

LHR 74, Get a reliable source if you want to comment here.

This is part of what Media Bias Fact Check stated about the source you linked to:

"Overall, we rate The (source) Questionable based on extreme right-wing bias, promotion of conspiracies, and numerous instances of publishing false (fake) news."

The tweet your source linked to was not able to be opened.

We cut out anonymous comments because I didn't want spend so much time debunking nonsense. I have no desire to go back to that.

I favor city employees getting jobs back based on the vaccine mandate ending. Let's leave it there.

LHR74 said...

@ James Eterno.
While I appreciate your page from the biased twitter overlord censors that a Gateway Pundit story about a lawsuit that was filed against the NYC DOE.......Is a Fox News good enough or perhaps you are waiting for MSNBC or CNN to NEVER COVER the lawsuit filed on behalf of terminated former fellow teachers/UFT members. The lawsuit alleges that their fingerprints and personal information were forwarded to the FBI by the NYC DOE. The UFT and Unity drones are worried about the scraps being dangled from the table of the mayor all the while constitutional rights and civil liberties are being destroyed. Where are all the vocal factions now?